§ 63.32 Conditions of construction authorization.

(a) In a construction authorization for a geologic repository operations area at the Yucca Mountain site, the Commission shall include any conditions it considers necessary to protect the health and safety of the public, the common defense and security, or environmental values. (b) The Commission shall incorporate provisions in the construction authorization requiring DOE to furnish periodic or special reports regarding: (1) Progress of construction; (2) Any data about the site, obtained during construction, that are not within the predicted limits on which the facility design was based; (3) Any deficiencies, in design and construction, that, if uncorrected, could adversely affect safety at any future time; and (4) Results of research and development programs being conducted to resolve safety questions. (c) The construction authorization for a geologic repository operations area at the Yucca Mountain site will include restrictions on subsequent changes to the features of the geologic repository and the procedures authorized. The restrictions that may be imposed under this paragraph can include measures to prevent adverse effects on the geologic setting as well as measures related to the design and construction of the geologic repository operations area. These restrictions will fall into three categories of descending importance to public health and safety, as follows: (1) Those features and procedures that may not be changed without— (i) 60 days prior notice to the Commission; (ii) 30 days notice of opportunity for a prior hearing; and (iii) Prior Commission approval; (2) Those features and procedures that may not be changed without— (i) 60 days prior notice to the Commission; and (ii) Prior Commission approval; and (3) Those features and procedures that may not be changed without 60 days notice to the Commission. Features and procedures falling in this paragraph section may not be changed without prior Commission approval if the Commission, after having received the required notice, so orders. (d) A construction authorization must be subject to the limitation that a license to receive and possess source, special nuclear, or byproduct material at the Yucca Mountain site geologic repository operations area may not be issued by the Commission until; (1) DOE has updated its application, as specified at § 63.24; and (2) The Commission has made the findings stated in § 63.41.